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chelsea05

Middle East Debt being chased by CWD Court Claim received

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I wouldn’t be too worried then as there is clear evidence of payment etc.  

 

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No exactly, I’m not that bothered but always good to know if any court cases etc as I haven’t followed much in the last year

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Actually if it went to court and you won you would also win costs 

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Hi... first time poster...

 

If you're sure the debt was repaid in full I'd guess that would be a defence to any claim... However, so far as i'm aware, and from other posts on here, it seems like the banks can bring claims in this jurisdiction and have been successful.   I think SquaddyP had said they were recently involved in court proceedings... perhaps they could confirm/share any outcome?

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Update for everyone, I have now received a letter from CWD saying I have 10 days to make a payment proposal and failing that they have instructions to take legal action against me without further notice to me.

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Send them evidence of your payments? Or is this a different bank?

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I instruct my dog to sit and stay

if it does is a totally different matter

 

dx

 


..

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Squaddy diffrent bank that was paid up, they are disputing payment amount. Oh evidence has been sent

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Oh right.  Are you going to respond?

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I have yes, quite simply take me to court then

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Ah right, see what happens then 

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That was my thought see what happens. I have the proof etc so if it went to court let’s see what they say

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So I have had my court papers through today, date of service is 6th December so I guess I have 14 days from that date to reply?

any ideas how to go forwards on this?

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if you could copy the q's to here and answer each one where applicable we'll move you forward.

  • Like 1

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6th dec is Friday?

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deemed served, 5 days postage time, then has a further 14 days to AOS.


..

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Hi Dx

 

name of claimant - RAK Bank UAE through CWD

date of issue 3/12/19 date of service 6/12/19

particulars of claim - alleged unpaid credit card from 2010, paid agreed amount to bank last year. They are stating I owe £9500. I have evidence of payment, email thread, they are disputing the agreement was out of date. This claim is for repayment of a credit card debt incurred by defendant whilst a resident in the uae.

persuant of practice direction 16,this claim for payment in a foreign currency.

 

is this enough info?

 

 

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no 

we need at least the exact POC minus any pers details.

 

I know its a pain

but please copy and paste all the q's here

then answer each one at the end 

before hitting submit reply.

even if one doesnt apply

 


..

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Thread moved to Financial Legal Issues

 

Andy


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Ok I will upload today at work, if I can’t I will do tonight

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Name of the Claimant ? RAK bank on behalf of cwd

 

Date of issue 3/12/19, date of service 6/12/19

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

The claim is for repayment of a credit card debt incurred by the defendant whilst a resident of uae.

pursuant of practice direction 16, claim against defendant is a claim for repayment in a foreign currency. 

 

What is the total value of the claim? £9500

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/a


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Uae credit card

 

When did you enter into the original agreement before or after April 2007 ? Dec 2010

 

Do you recall how you entered into the agreement...On line /In branch/By post ? N/a

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

no

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

issued by RAK bank on behalf of cwd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No acting on behalf

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? Dec 2010

 

What was the date of your last payment? Summer 2018, paid agreed amount

 

Was there a dispute with the original creditor that remains unresolved? 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
..

 get a CPR 31:14 request running to the solicitors 
 

for CPR see post 32 here

https://www.consumeractiongroup.co.uk/topic/419194-adcbmoriarty-claimform-uae-debt/?do=findComment&comment=5022729

 

type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

...

 

infact it wont hurt to read all that thread

 

dx

 


..

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Does anyone have any input on the below?

 

Defence

 

The Defendant contends that the particulars of the claim are false and misleading. The Defendant accordingly sets out its case below.

 

1. The Claimant claims £xxx is owed under credit agreement with The National Bank of Ras Al Khaimah.

The defendant did owe money to this bank but submitted payment of the agreed amount of xxxx on xxxx via his power of attorney (POA agreed on xxxxx) Payment was agreed by xxxxxx over the phone who agreed the amount from an email dated Feb 18.

Once payment was sent the defendant did not receive any correspondence from the bank until IDRWW contacted him in 2019 stating the money was not paid, the defendant has a receipt from RAK Bank for the agreed amount.

 

2.  Under English law this debt is now statute barred as the original credit agreement was from 2010 and the defendant then did not receive any correspondence on this debt until Feb 18 directly from RAK Bank.

 

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has acted unfaithfully to the defendant and is willing to tarnish his name.

 

  1. The claimant has not shown the below,

(A) show and evidence any cause of action and service of a Default Notice or termination notice under UAE Legislation; and

(B) show how the Defendant has reached the amount claimed for.

 

  1. After receiving this claim the defendant spoke with CWD on numerous occasions who sent figures of the amount paid which is incorrect due to the proof I have. The defendant has not defaulted or promised any kind of payment to IDRWW or CWD.

 

  1. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

  1. By reasons of the facts and matters set out above, it is denied that the Claimant is owed any money from the defendant as this has already been paid.
  2. The defendant has had other debts within the UAE with other financial institutions that have been cleared.
  3. The defendant is confident that this has been heard in a UAE Court but the claimant has refused to divulge this information to the poa.

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I will assume the below you posted is not true?

 

Name of the Claimant ? RAK bank on behalf of cwd

 

that claimant is RAK bank

  • and Coyle, White & Devine are the solicitors.


..

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